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Requirements of removing conditions through I-829

Let's first examine the applicable regulatory language governing I-829 removal contained in 8 CFR Sec. 216.6 (c).

Sec. 216.6 Petition by entrepreneur to remove conditional basis of lawful permanent resident status.

(c) Adjudication of petition.

(1) The decision on the petition shall be made within 90 days of the date of filing or within 90 days of the interview, whichever is later. In adjudicating the petition, the director shall determine whether:

(i) A commercial enterprise was established by the alien;

(ii) The alien invested or was actively in the process of investing the requisite capital; and

(iii) The alien sustained the actions described in paragraphs (c)(1)(i) and (c)(1)(ii) of this section throughout the period of the alien's residence in the United States. The alien will be considered to have sustained the actions required for removal of conditions if he or she has, in good faith, substantially met the capital investment requirement of the statute and continuously maintained his or her capital investment over the two years of conditional residence.

(iv) The alien created or can be expected to create within a reasonable period of time ten full-time jobs to qualifying employees. In the case of a "troubled business" as defined in 8 CFR 204.6(j)(4)(ii) , the alien maintained the number of existing employees at no less than the pre-investment level for the previous two years.

Since (i) and (ii) requirements were already established at the time I-526 petition was approved, the only requirements to show are (3) and (4) requirements listed above. It should be relatively easy to prove the requirement (3) if you have not pulled out your investment from the Limited Partnership in the meantime; and therefore, the only real requirement to devote time and effort is the requirement (4) that the alien investor created or can be expected to create within a reasonable period of time ten full-time jobs to qualifying employees.

Some people argue that for Regional Centers the job creation is not needed because the job-creation has been "pre-approved", but let's delve into this issue further. While it is true that for Regional Centers, certain job-calculation methodologies has been approved at the time of Regional Center designation and also I-526 petition approval, it is not true that the job-creation has been "pre-approved". How can the jobs which have not been actually created be pre-approved without any conditions? That just defies common sense. What is true is that is the specific job-calculation study document analyzing how and how many new, full-time jobs are expected to be created under specific material assumptions made by such job-calculation study has been pre-approved. Then, it logically follows that at the I-829 stage, USCIS can demand proof or evidence that such material assumptions underlying the job-calculation study have been fulfilled or has taken place. We cannot overemphasize this point. Any competent economists or consultants will list the key assumptions underlying a specific job-calculation study. For example, if you ever examine an appraisal report of a real property, it contains specific assumptions.

Therefore, we would say that this last point is of paramount importance in the approval of I-829 case. We would like to hear opinions of actual, practicing economists on this point.